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Wednesday, August 3, 2016

Plaintiff E.V. was a wife of a serviceman stationed in Okinawa, Japan, where she was sexually assaulted by another U.S. soldier. In a military tribunal proceeding against the perpetrator of the sexual assault, the tribunal ordered the plaintiff to produce mental health records. Because the plaintiff sought to keep the record private, she appealed through the military judicial system, and finally sued the military judge before the U.S. district court.

The court dismissed for improper venue, because District of Columbia does not have sufficient connection with the case. The court transferred the case to the Eastern District of California, where the plaintiff currently lives.

Takeaway:

Interaction between the military justice system and the civilian system is always fascinating. The main show is yet to be begin; E.D. Cal. still has to decide whether the plaintiff may obtain relief from the federal court.